On behalf of Mace J. Yampolsky & Associates posted in criminal defense on Wednesday, February 22, 2012
It is not uncommon for a seemingly routine traffic stop to lead to lead to much more serious charges than a traffic ticket. Police officers will look for any reason to expand the traffic stop beyond the simple issuing of a ticket if they have a hunch that they may be able to attach additional, more serious charges. Police often cite reasons such as odors, or the disposition of the driver as a reason to go beyond a speeding ticket.
In an incident earlier this week a Nevada State Trooper said that the nervousness of the driver and the occupants of the car led him to investigate further. This led to drug and weapons charges for the driver.
On behalf of Mace J. Yampolsky & Associates posted in drunk driving on Thursday, February 16, 2012
Law enforcement officers are always on the lookout for drivers who may be under the influence. It is not surprising that someone may be pulled over for suspicion of drunk driving if the police observe them weaving in and out of their lane, or if there are other obvious signs that the person behind the wheel may have had too much to drink before getting behind the wheel.
But direct observation of impaired driving by police is not the only thing that can lead drunk driving charges. During the Super Bowl weekend Las Vegas police used saturation patrolling along with sobriety checkpoints in an attempt to cast the net as broadly as possible to find drunk drivers. When drivers are stopped at a checkpoint, or pulled over for something unrelated to driving under the influence, they can face suspicion of drunk driving even if their driving never demonstrated any outward signs of impairment.
On behalf of Mace J. Yampolsky & Associates posted in criminal defense on Monday, February 13, 2012
Walking through any casino in Las Vegas, you are likely to see hundreds of faces. Unless there is someone you recognize, those faces likely pass out of your memory quickly. If you tried to recall the face of someone who you had never seen before and saw only briefly several days ago, you would likely be hard pressed to identify the correct person.
While it is not surprising that you would not recognize a strangers face several days later, in criminal defense trials this sort of identification by witnesses often makes up a large portion of the evidence used to secure a conviction. In many cases, the witness, though they believe they have a clear memory of the incident, incorrectly identifies a suspect as being the individual that committed the crime.
On behalf of Mace J. Yampolsky & Associates posted in criminal defense on Friday, February 10, 2012
It is not at all unusual for what seems to be a routine traffic stop to end with an arrest for drug charges. As you are likely aware, the police cannot not simply arbitrarily stop a car and conduct a search, in the same way that they could not simply break down your door and search your house without a warrant. The Fourth Amendment protects citizens from unreasonable searches and seizures.
But obviously there are times when the police come into contact with individuals and the police then claim to discover illegal drugs. Often this contact is initiated during a traffic stop. Whether it is a mile or two over the speed limit or failing to come to a complete stop at a stop sign police may try to use even the slightest violation to initiate contact.
On behalf of Mace J. Yampolsky & Associates posted in drunk driving on Wednesday, February 8, 2012
A common phenomenon around those that have been arrested for driving under the influence of alcohol is a rush to judgment. This can come in a wide variety of forms. In the media when we see reports of someone who has been involved in an accident they are always sure to include a mention of whether the police officer at the scene had any inkling that the person may have been drinking prior to the accident. This is true even when the person who the police think may have been drinking played no role in causing the crash.
For those who have been arrested it can also feel like the court system has made a rush to judgment and has already made up their minds. This is despite the presumption of innocence and the burden on the prosecution to make their case. Exorbitant bail can make someone who is suspected of drunk driving feel like the judge has already thrown away the key.
On behalf of Mace J. Yampolsky & Associates posted in juvenile crimes on Friday, February 3, 2012
Earlier this week we shared a story about the Nevada Supreme court deciding that convicted felons are prohibited from possessing even antique or collectible muzzle loading and black powder rifles. In general however, weapons violations are charged in the connection with another crime, such as charges related to violent crimes or drug possession and trafficking.
There are some other instances in which weapons charges can arise despite the absence of any other criminal activity. One of those is a juvenile in possession of a weapon on school property. Schools and law enforcement officials generally have a zero tolerance policy as to weapons on school property. They often take incidental possession, such as a hunting rifle forgotten in a truck on the way to school, very seriously.
On behalf of Mace J. Yampolsky & Associates posted in criminal defense on Tuesday, January 31, 2012
As you likely know there are many ramifications of being convicted of a felony beyond incarceration. The personal, professional, and familial consequences can also be serious and long lasting. Those consequences are part of the reason the some individuals face such a challenge returning to a normal life after a period of incarceration.
Individuals convicted of a felony can also lose certain civil rights. They are no longer eligible to serve on a jury, or hold public office, and they may be barred from certain professions. Despite the Second Amendment and the traditional importance of firearms in Nevada, felons are also barred from owning firearms. While the federal law at least allows felons to own antique muzzle loading firearms, the Nevada Supreme Court recently ruled that felons in Nevada are not even allowed to own these collectibles.
On behalf of Mace J. Yampolsky & Associates posted in criminal defense on Thursday, January 26, 2012
Today, there is a vast sea of data about our social interactions and geographical locations. With this new technology, new questions arise about what we can reasonably expect to be private information and, in the context of a criminal prosecution what constitutes a search and seizure. This week, the U.S. Supreme Court ruled on the use of a GPS tracking device by police to remotely track the whereabouts of a suspect's vehicle.
The Court determined that attaching a GPS tracking device to a suspect's vehicle for the purpose of collecting information constituted a search under the Fourth Amendment. Because the police acted outside of the scope of a warrant in their use of the device, the information gathered could not be used as evidence. Based on this reasoning the Court upheld the reversal of a criminal conviction.
On behalf of Mace J. Yampolsky & Associates posted in domestic violence on Tuesday, January 24, 2012
Rarely is the truth underlying an arrest for domestic assault exactly as it seems on the surface. While there may be instances where the incident that gave rise to the arrest was the only aberration in an otherwise happy and healthy relationship, that is very unlikely to be the case.
There are certainly those very tragic cases in which there has been an ongoing and abusive dynamic in which one partner is regularly and consistently the aggressor. But many times there is not one person who is more commonly the aggressor, but instead a dysfunctional relationship in which neither person is making very good decisions, and both parties are suffering.
On behalf of Mace J. Yampolsky & Associates posted in criminal defense on Thursday, January 19, 2012
A truck driver is awaiting sentencing in Clark County for charges of drug trafficking. The man was driving a flatbed vehicle and was alleged to be driving erratically, leading police officers in southern Nevada to pull the man over. Police claim that the man was behaving suspiciously, but allowed the officer to search the car with a drug dog. Law enforcement official claim that 170 bricks of cocaine were found in a compartment hidden within the sleeper area of the truck.
The value of the cocaine is estimated to be upwards of $16.4 million dollars making this one of the largest cocaine bust in Nevada history. The 52-year old man is being charged with trafficking of cocaine as well as trafficking of a controlled substance. The French-Canadian man is originally from Quebec, and does not speak English, so his lawyer also acts as an interpreter for him.
